Summary of Dispute: I finished tenancy of a property owned by Century 21 acting as agent for a property owner living out of the county. The maintenance coordinator and I have had a rough relationship from the beginning, often requiring me to go over her head to resolve maintenance issues during our tenancy.After move-out despite our hard efforts to clean the place. We are informed that Century 21 is taking our entire $1025 deposit and claiming an additional $400. This figure was derived by the maintenance coordinator mentioned above. A fraction of the damages are legitimate, many are flat out fictitious or gross exaggerations, and the remainder is a function of the fact that their was a 10 day lag from our final day of the tenancy and the actual move out inspection (i.e. $100 for "lack" of lawn maintenance although we mowed and cleaned the yard the day before we moved out). During the lag before the inspection the house was open for visits from sale agents and potential buyers.I have attempted to dispute the charges in writing and with detailed pictures of the residence at our move out. Century 21 even got a person from outside the maintenance coordinator's department to go over my dispute with the land owner. The land owner is, however, standing firm with her demand that the original move out report is valid. This is despite the fact that the woman I was dealing with told me that she thought the $ figure the original maintenance coordinator created was inflated.My only option at this point is seems is to settle this in small claims. My questions is as follows.Who do I need to target with my lawsuit?According to my lease Century 21 is defined as "The Agent" who acts on behalf of the landlord regarding matters with the property. Also in the Security Deposit section, the lease explicitly says that the security deposit stays in the ownership of "The Agent" Century 21. The move-out reconciliation report was also created using a Century 21 maintenance person.If Century 21 is the target, do address my paperwork the corporate officer or the maintenance manager of the company?If legally my case must be against the property owner then what are my options? The owner lives out of the county at an address that Century 21 will not disclose. If I did want to sue teh owner directly can I sue her using the address of the property that I rented?[Edited on September 23, 2011 at 2:29 PM. Reason : l]
9/23/2011 2:29:05 PM
File small claims against Century 21 + the property owner since they won't disclose the owner's location.Since you have detailed pictures, you will win easily in court. Just have to put up with the bullshit along the way.
9/23/2011 2:32:24 PM
Look up your property in the tax records and see where the mailing address is for the notices/tax receipts...that's where I'd start. If you want, PM me your address and I'll give you the owners official notice address. It could be mailed to Century 21...
9/23/2011 2:33:03 PM
I was also wondering if I can legally sue the owner using her rental property as "her address." Letting the Sheriff serve the subpoena.Property is 4930 Pin Oak Dr.Wilmington NC 28411
9/23/2011 2:58:54 PM
FYI: Never expect that you're going to get your security deposit back.FYI: Use the security deposit to pay the last month's rent.
9/23/2011 3:01:20 PM
More FYI:Don't sue somebody for anything less than $5000 unless you represent yourself.Don't sue somebody unless you have concrete photographic evidence with time stamp of before and after pictures you entered and left the property.[Edited on September 23, 2011 at 3:06 PM. Reason : .]
9/23/2011 3:04:28 PM
9/23/2011 3:06:40 PM
9/23/2011 3:34:05 PM
I feel for you on this issue, guys like that (your coordinator) are slime. Let us all know how it works out, I'm pulling for you to wipe the floor with these bogus claims. Just glad you got all those pictures ahead of time!
9/23/2011 3:38:38 PM
just a note that north carolina is a landlord-friendly state...it sounds like you have a pretty solid case, but just be aware that, as a general rule, you'll be fighting an uphill battle (though in your case it's more of a gentle incline, i think )
9/23/2011 4:30:36 PM
9/23/2011 5:48:46 PM
Every lease I've ever seen explicitly states that the deposit cannot be used for the last month's rent. I have no idea what the means legally, though.
9/23/2011 6:08:26 PM
^ It basically means you can't move out without paying the last month's rent, because sometimes there are legitimate reasons to use a sec dep and if it's burned up paying the rental consideration, it can't be used to cover those damages. That's often why landlord's ask for sec dep + first & last up front. By violating the lease terms using the security to pay the rent, you expose yourself to civil action. Don't be dumb, because in situations like these you will have helped compromise your case if you did wish to go to court. To the OP: If your intention is to sue, you would probably put both names on the complaint. However, you might also wish to bring the matter to the attention of the NC Real Estate Commission before you proceed with a civil claim. Real estate agents get threatened to be sued by discontent folks all the time. They fear the NCREC because that's who issues their licenses.http://www.nhcgov.com/Pages/GIS.aspx This is the tool you can use to get the property owners primary address.
9/24/2011 5:35:37 AM
9/24/2011 3:07:25 PM
To put things in perspective, you make more than $1025 in a month. So you lost $1025, that's one month's rent and I know it's not going to break you because you've paid at least 12 of them already.You will make $750,000 over your lifetime. What's $1025 compared to your lifetime? You have to learn to cut your losses and save yourself time and mental health. Time is more important than money. You can always double the money you make, but you can never double the time you have on Earth. It takes a lot of maturity to let an argument go knowing deep down inside that you're right.From what you told me in detail, it sounds like all of the above were legitimate write ups. The amount they charged was a little excessive BUT, even if you reduce all the charges by 50%, this lawsuit is not worth your time and effort.It's infuriating, I know, but seriously, if I were a judge, I would feel obligated to side with the landowner on this one since you admit to most of them, it's just an argument on value and value is something that differs in opinion from person to person. Something like a light cover could be valued at $10 to you, but it could easily be valued at $75 to the owner.Education costs money. Takes this as a learning experience.
9/24/2011 11:28:09 PM
750,000? Where the hell did that number come from
9/25/2011 12:45:43 AM
9/25/2011 1:10:20 AM
$30,000 a year for 25 years is $750,000.Yes, it's feasible, and yes, you'll probably make more. A lot more.
9/25/2011 3:40:39 AM
^^TheDuke is suggesting you're going to change the world with one aggressive lawsuit, which is an even more outrageous claim. You're not going to change anyone's behavior by suing these people.TheDuke likes to start drama for no reason. He's one of the types of people that would get into a fight without thinking things through. He's one of the types that would pull the trigger because he was butthurt for 5 seconds in his life, without thinking about the fact he'd go to jail for the rest of his life.Please don't be a "Theduke" and waste your life over this remedial and tired argument over a truly microscopic amount of money. Just let it go. It'll be okay. You'll sleep easier. Everyone's happy at your expense. What goes around comes around, GOOD karma will come to you.As a matter of fact. Challenge yourself and take this one step farther. Send a letter saying thank you for letting you rent the house. Without being sarcastic, tell them that you are dropping the dispute. Perhaps you can even talk your way into a free dinner or even open doors in the future when you might need a reference. Talk about putting a POSITIVE spin on society, instead of using the Duke "The Hammer" Stanley approach, this will definitely turn some heads and promote peace in society. [Edited on September 25, 2011 at 4:01 AM. Reason : .]
9/25/2011 3:55:43 AM
Do you think that the owner is going to spend the time to sue you?If not, just forfeit the $1025 and move on. It's not like you can get it back without suing them. As far as the $400, I wouldn't pay it until a judge ordered you to do so. If they do sue, just take your evidence to court and see what happens.
9/25/2011 4:26:26 AM
9/25/2011 9:09:48 AM
I'd love to root for you to take on the man, but be realistic. They want to stick you with $1440. You have to convince a judge for it to be significantly lower than $1025 to be worth it. What's the best-case scenario? You spend time, money, & effort in court and the judge gives you $300 back? I like to have principles but I learned long ago that a security deposit is money you shouldn't count on seeing again. Tell them to fuck off on the extra $400 and go your separate ways.
9/25/2011 10:07:46 AM
I DO think that you should only press it if you have a very solid case, as they will likely countersue for the full $1425, whereas without court, you can probably just tell them to get fucked on that part.If you think they'll initiate a suit on their own for the $400, I'd beat them to the punch.
9/25/2011 11:32:07 AM
The $400 will be sent a to a collection agency via Century 21 for my failure to pay. I can still tell them to fuck off but I think I have a legitimate case for getting a significant amount of the deposit back.I have documented receipt and records of changing out the air filter twice in the last two months of my tenancy. Plus their is a paper trail of consistent HVAC issues with the house that we have complained about. The fact that they still listed this as a charge item on our move out report, how can the magistrate take anything else on the report seriously.[Edited on September 25, 2011 at 2:13 PM. Reason : a]
9/25/2011 2:12:21 PM
Better go ahead and get ready to dispute it on your credit report....wait until it hits and then call/write each one disputing it. When I was processing loans, if the report had disputed beside it we usually didnt count it.
9/25/2011 2:46:39 PM
I have a question...How many hours do you have to work to make $400?How many hours do you think it will take to set up the lawsuit, take them to court, and wait for payment IF and only IF you win? I say IF because you can set up the lawsuit, take them to court, and LOSE. You'll STILL end up owing the same amount of money plus court costs plus the other person's court costs for wasting their time. So you'll lose more money and time than if you just worked and paid the $400 they want. Consider it a traffic ticket of lifePick your battles.
9/25/2011 5:20:16 PM
I honestly feel like the charges are so ridiculous and absurd that I don't have much to lose. If I understand the court costs right, all I have to do is convince the judge to overturn a single line item for a partial ruling that AND the fact that I made a diligent effort to resolve this out of court would mean that Century 21 would pay the court costs.Also, how does subpoenaing evidence work? I would like to obtain all the maintenance records for the property during the time of my tenancy. Even when I was still residing at the residence, the owner "refused" to authorize Century 21 to release the records. This or the maintenance coordinator was full of shit.
9/25/2011 7:07:13 PM
To avoid the collection agency hassle, try to talk the bill down to match the security deposit. Subpoenaing evidence, really? Maybe I watch too much Judge Judy, but if you go through with this, just bring your evidence and tell the judge what happened. The world isn't that concerned with your $150 charge.BTW, is a BBB complaint an option?
9/25/2011 10:53:39 PM
9/25/2011 11:26:55 PM
the OP's username is oddly appropriate ITT
9/25/2011 11:40:11 PM
9/25/2011 11:41:00 PM
9/26/2011 12:51:31 AM
9/26/2011 3:27:55 AM
"I'm not trolling, you're trolling! Look how much of a troll you are!"
9/26/2011 4:34:51 AM
9/26/2011 10:12:01 AM
it's just 400 bucks.went back and read... bad situation. i'd be pissed, but honestly it is hard to fight and win disagreements like this since it is your credit that will be hurt in the long run if you don't pay up.[Edited on September 26, 2011 at 10:25 AM. Reason : ]
9/26/2011 10:23:04 AM
^^Means they're selling at a loss. They owe more than the house is worth.This situation really sucks, HUR.. I wish I had some advice. It sounds possibly like the owner is freaking about money (losing money on the house, possibly losing money on other ventures or shitty life issues) and taking it out on you I guess let the sec. deposit go, but don't let them take the other $400 without court interference.
9/26/2011 10:48:56 AM
Let us know how it goes. I think the fact that you have so much documentation will only help you in the end. Hell, all it might take is a certified letter from a lawyer to get them to back down and give you back your deposit.I'm getting ready to move out my apartment on Thursday and can't wait for them to try to bring shit up during the move-out walk. The maintenance has been horrible and they've even broken shit while fixing other shit to the point we just gave up calling maintenance and started fixing things ourselves when we could.
9/26/2011 11:10:03 AM
One real quick thing fwiw...You typically don't see a judge in small claims...its more on the order of a magistrate.$500 - Painting and bad patch jobs.Ask for the invoice and see what portion you're paying for: they have to have paperwork for the bill, even if it was done internally. They may not give it to you, but either way they'll need to prove the work was valid if your intent is court action. Typically the landlord repaints between tenants anyway, though I can't remember if that's specifically mentioned in ncgs42 or not.Excessively Dirty and TrashSo is it $50 or $300? If you have move out pictures, this should nip it in the bud. Permitted uses of the deposit are in ncgs42-51 and don't include trash unless it damages the property (disclaimer: I'm no lawyer).$150 - Broken Vinyl TrimDo your pictures by chance show this (or any old pictures you might have) and/or does c21 have pictures of what it looked like before they repaired it? How high up is it? Not saying it isn't valid, but make them give you a written reason as to why this was judged to be not-wear-&-tear.Missing Kitchen Lightbulb CoverDid they make that request in writing? And at what point are they making these written "revisions"?Dirty Air Filter and follow up HVAC repairMaybe I missed it in the mass of shit above. What was the repair?Lawn Charge for not mowing and maintaining yard. Dead spot in lawn from car parked in grassSounds like pictures and a statement to the effect of grass grows fast (fast=jun14-jul6) in the summer would make your case here. Broken Window BlindAre the pictures of when you moved out or when you came to the inspection 10 days later?You mentioned that there were showings after you had moved out but before the inspection...were you contacted about those showings or did you already tell C21 you were moving out on the 14th?
9/29/2011 10:27:39 PM
Well we had the walk through and the only thing they're charging us for is a blind my damn cat fucked up the day before we moved out Everything went better than expected.
9/30/2011 8:24:21 AM
Hooray beer!Glad to hear that. It's almost always worth it to challenge things, even if on principle alone. [Edited on September 30, 2011 at 1:09 PM. Reason : damit wolfpackgrr I thought it was the OP stating that]
9/30/2011 1:04:38 PM
another thread hijacksurprised it wasn't about Japan
9/30/2011 1:13:34 PM
^^ lol my bad. Turning it into a general security deposit thread I'm actually surprised these don't pop up more often on tdub. I remember Preiss Company used to be really awful about not giving money back. Have people finally learned and stopped renting from them?
9/30/2011 1:16:11 PM
So everything I have heard and read so far says that I can not sue the house owner in my county because she lives in Ashville. This includes a lawyer I initially tried to schedule a meeting with but he seemed to have blown me off. A lawyer I met with last Wednesday, however, says that I can sue her in small claims since the property in dispute is in the county.Which is true?
10/3/2011 7:11:07 PM
Check towards the end of your lease, is there no section that speaks to laws governing?
10/3/2011 7:36:10 PM
threadjack:As some of you know, I had a job lined up in Charleston, SC that fell through. Before it fell through, I signed a lease for a place and sent over a certified check for it. 3 days before the lease was to start, I got the call that my jerb was gone, and I called the RE agent letting him know the deal. What are the chances I can get my money back? They literally don't have to do a thing to the place that they didn't already have to do, because the old tenant moved out a week before I signed the lease. Given that I'm unemployed, it'd be real nice to get that money back, lol[Edited on October 3, 2011 at 10:29 PM. Reason : ]
10/3/2011 10:27:26 PM
Did you read the piece of paper you signed? It should definitely say on that. No troll.
10/3/2011 10:51:24 PM
i did read it. I don't recall it saying anything about what happens if you cancel the lease before taking possession.
10/3/2011 10:55:18 PM
Do you have a copy??
10/4/2011 12:39:01 AM
You signed the lease, you're responsible for paying it.You can ask, and hopefully they'll work with you, but they're under no obligation to do so. Looks like you may be moving even without the job lined up.
10/4/2011 1:48:46 AM